09-03-2002 Regular MeetingSeptember 3, 2002
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting
was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council
members were present. Also present were City Administrator Wayne Wright, City Clerk Susan
Hiott, City Attorney Scott Cochran, Community Development Director Chris Miller, and
representatives of the press.
Invocation was given by Pastor Chuck Moon of Tillman United Methodist Church, followed by
the pledge to the flag.
CITIZENS INPUT:
Mayor Bacon recognized Ms. Carrie Harris, who discussed her candidacy for State Court Judge
and asked those present for their support.
Mayor Bacon recognized Ms. Rose Cundy, residing at 2499 Rolling View Drive, who discussed
problems at her residence with sewage.
Mayor Bacon recognized Mr. Terry Johnson, who discussed his candidacy for State Senate and
asked those present for their support.
MAYOR'S REPORT:
Mayor Bacon stated he would make comments toward the end of the meeting.
CITIZENS INPUT/SPECIAL IZECOGNITION:
Mayor Bacon recognized Mr. Curt Johnston, who introduced Principal Connie Carter of Nickajack
Elementary School to those present.
Mayor Bacon recognized Principal Carter and students from Nickajack Elementary School, who
presented the character theme words for the month of September.
PUBLIC HEARINGS:
(A) Variance Request — Atlanta Road and Spring Road — Increase in Allowable Wall Sign
Area - Advance Auto Parts
Mr. Wright stated the request is for an increase in the size of signage allowed. Mr. Wright stated
the Zoning Code limits the size of wall -mounted signs in the subject area to 45 square feet. Mr.
Wright stated the request is to allow a sign 92.82 square feet in size. Mr. Wright stated the
applicant has agreed to replace ail existing pole sign with a monument sign that conforms to the
City's Overlay District requirements. Mr. Wright stated that staff supports the requested variance
with several stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins recognized Mr. Kevin Booker, representing the sign contractor for
Advance Auto Parts (AAP). Council Member Scoggins stated there were some questions
regarding two lights at the rear of the subject property. Council Member Scoggins stated the
proposed sign color is identified as pros 188 burgundy. Mr. Miller stated the proposed monument
sign will also be a burgundy color instead of bright red. Mayor Bacon stated questions exist about
some lights on the property and some trees that were cut down on the site in error. Mr. Booker
stated that some restorative landscaping plans are in place for the subject location. Council
Member Hawkins stated some miscommunication seems to have occurred because the principals
of AAP started major renovations at the subject location without first checking to determine if the
plans conform to City regulations. Council Member Hawkins asked if 36" letters are planned for
the sign, and Mr. Booker stated the letter size has been reduced to 30." Council Member Hawkins
asked what size sign would be needed to accommodate 30" letters, and Mr. Booker stated the
letters will be attached to a wall of the building. Council Member Hawkins asked what material
the letters are made of, and Mr. Booker stated they are made of metal and other materials, and are
similar to letters seen at CVS stores. Council Member Hawkins asked if CVS letters are 14" in
size, and Mr. Booker stated he does not know. Council Member Hawkins asked if it would be
possible to reduce the letters to 18" in size and have two signs, i.e., one facing Atlanta Road and
another facing Spring Road. Mr. Booker stated AAP management normally uses 48" letters in
their signs and have agreed to a reduction to 30." Council Member Hawkins stated that dual signs
could be more effective advertising for AAP. Council Member Hawkins stated that 30" letters
September 3, 2002 2
are considerably larger than any other sign letters seen in the subject vicinity. Mr. Booker stated
that 27" letters and one sign might be considered as a compromise. Mr. Booker stated that use of
27" letters would result in a sign area of approximately 75.22 square feet. Council Member
Lnenicka asked Mr. Booker if a light bar normally used along the roof line near the wall sign will
be omitted at the subject location, and Mr. Booker answered in the affirmative. Council Member
Lnenicka asked Mr. Booker what the height of the monument sign will be, and Mr. Booker
answered 7'. Council Member Lnenicka asked Mr. Booker where the monument sign will be
located, and Mr. Booker stated it will be placed where the existing sign is, perpendicular to
Atlanta Road. Council Member Lnenicka stated two signs with smaller letters might be
aesthetically better and more visible overall. Council Member Lnenicka stated he is concerned
about setting a precedent for 27" or 30" sign letters. Mr. Booker stated 24" letters and a 60 square
foot sign area with a 32' monument sign might be acceptable and aesthetically pleasing to all
concerned. Council Member Lnenicka asked Mr. Booker if 18" letters might be acceptable,
and Mr. Booker stated that 24" letters are commonly used for signs. Council Member Hawkins
stated he would consider 24" letters and a second monument sign on Spring Road acceptable.
Council Member Lnenicka asked Mr. Booker if it would be possible to reduce the size of the
monument sign on Atlanta Road. Mr. Booker stated the proposed monument sign configuration
is not large, but that some minor alterations to its form may be possible. Council Member
Lnenicka asked Mr. Booker if it would be possible to have a 3' x 6' monument sign on each side.
Council Member Scoggins asked Mr. Miller to read the following stipulations to those present:
1. The wall sign will utilize individual channel letters mounted on the building face without the proposed red
background. The maximum sign area permitted on Atlanta Road will be 59.4 square feet with letters 24"
in height.
2. The existing pole sign along Atlanta Road will be replaced with a new monument sign along Atlanta
Road in conformance with the City's overlay district standards. The monument sign will have a pedestal
base with a textured sand finish. A second monument sign with a pedestal base with a textured sand finish
shall be permitted along Spring Road. This sign shall have a maximum area of 18 square feet and a
maximum height of 5'.
The applicant will work with City staff to utilize muted colors in conjunction with the proposed wall and
monument signage.
4. The trees which were removed along Atlanta Road and Spring Road are to be replaced with a species
drawn from the Urban Design Standards. The replacement trees shall be provided at a rate of one tree per
every thirty-five linear feet of roadway frontage along both Atlanta and Springs Roads with a continuous
row of shrubs planted between the trees. The caliper for the replacement trees shall be between 4" and 6".
5. A landscape area containing Jonquils and other flowering plants shall be provided within the corner of the
property bounded by Spring and Atlanta Roads.
6. All landscaping shall be installed before the City issues a permit for the proposed signage.
7. The property owner, or its successor(s), shall be required to properly maintain all landscape areas
including any necessary pruning and replanting of the trees, shrubs and flowering plants.
Council Member Scoggins asked Mr. Booker if 24" sign letters are the agreed upon letter size, and
Mr. Booker answered in the affirmative. Council Member Scoggins asked Mr. Booker if the
Monument sign on Spring Road will be 3' x 6' in size, and Mr. Booker answered that they will
have an overall height of 5 feet. Council Member Lnenicka asked what size trees will be replanted
on the subject property, and Mr. Miller stated caliper size of 4 to 6 inches has been specified.
MOTION: Council Member Scoggins made a motion, to include the stipulations read by Mr.
Miller, for approval of a variance request for an increase in allowable wall sign area for Advance
Auto Parts at Atlanta Road and Spring Road. Council Member Scoggins stated the wall sign will
be 59.4 square feet in size, the existing pole sign will be removed, and the monument sign on
Atlanta Road will be 32 square feet, and the monument sign on Spring Road will be 18,square feet
and not to exceed 5 feet in height. Council Member Scoggins stated the wall sign letters will be
no larger than 24" in size. The motion was seconded by Council Member Pritchett. Motion was
approved 7 — 0.
(B) Variance Request — 5037 Duxford Drive - Reduction in Front Yard Setback — Ryland
Homes
Mr. Wright stated that when the Woodland Gate subdivision was zoned, a requirement for a 15';.
front yard setback was stipulated. Mr. Wright stated the applicant is requesting a variance to allow
September 3, 2002
a 10.9' front yard setback. Mr. Wright stated that staff supports the request.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Mr. Jim Jaeger, representing Ryland Homes (RH). Mr. Jaeger
stated the configuration of the subject lot makes it difficult to find a house plan that will fit exactly
on it.
MOTION: Council Member Wood made a motion to approve a variance request for a reduction in
front yard setback from 15' to 10.9' for Ryland Homes at 5037 Duxford Drive. The motion was.
seconded by Council Member Lnenicka. Motion was approved 7 — 0.
(C) Rezoning Request — 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 - Cobb County R-
20 (SFR) and RM-8 (MFR) and City of Smyrna R-15 (SFR) to TD-Conditional
(Townhouse Development) — Eagle Real Estate Advisors
Mr. Wright stated the proposed development is for 183 townhomes with a density of 5.0 units per
acre. Mr. Wright stated that rezoning had been approved by Cobb County for a portion of the
property to be used for the development in 2001 when it was realized some of the earmarked land
was actually in the City. Mr. Wright stated that an application has been submitted for annexation
of the subject property, and the rezoning application submitted to the County has been withdrawn.
Mr. Wright stated the Planning and Zoning Board (PZB) has approved this rezoning request, and
that it is also supported by staff with certain stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
At Mayor Bacon's request, Mr. Cochran explained that attorneys are not required to be sworn in
because they present their client's position at a hearing.
Council Member Wood recognized Mr. Joel Larkin, an attorney representing Eagle Real Estate
Advisors (EREA). Mr. Larkin stated his client wishes to rezone and annex 36.6 acres of property
for a townhouse development. Mr. Larkin stated that his client would like the requirement for all
units to have two -car garages set forth in City stipulation #3 to be amended to allow up to 60% of
the units to be one -car garages with a minimum of 40% of the units to have two -car garages. Mr.
Larkin stated lie is concerned about.stipulation #16, which states that homeowners association
(HOA) documents shall prohibit the use of any unit in the development for rental purposes. Mr.
Larkin expressed the view that stipulation #16, as it is currently written, exceeds the limits of what
would be legally enforceable, and that some changes may need to be made to this stipulation. Mr.
Larkin stated there are plans for 47% of the subject property to be set aside as open greenspace,
and that some of this open area will be connected to Nickajack Park. Council Member Wood
asked Mr. Cochran to comment on the reservations expressed by Mr. Larkin regarding stipulation
#16. Mr. Cochran stated that restrictions on rentals, if set forth as a condition of zoning, should be
enforceable. Council Member Wood stated that stipulation #16 will remain in place, and Mr.
Larkin stated he is not requesting a withdrawal of that stipulation. Mayor Bacon recognized Mr.
Al Nash, representing EREA, who stated that, under certain circumstances, one -car garages are
better than two -car versions. Council Member Hawkins asked what the selling price of the
proposed townhouses will be, and Mr. Nash stated they will be over $200,000. Council Member
Cramer asked if the one -car garage version of the townhouse would be smaller than the 1800
square feet initially proposed, and Mr. Nash stated the size of the garage will not affect the size of
the townhouses themselves. Council Member Lnenicka stated that the request to change the plan
to include many units with one -car garage versions is a significant alteration to the original plan
and probably should be sent back before the PZB for further review. Mr. Larkin stated the
reduction in garage size will not affect the minimum of 1800 square feet of heated space specified
for each unit. Council Member Pritchett asked how many square feet of heated space will be in
the largest units, and Mr. Nash stated some end units could be as large as 3,600 to 3200 square
feet with an average size closer to 2200 to 2300 square feet. Mr. Nash stated the proposed mix of
garage sizes could provide some flexibility to accommodate bonus rooms or other features to
address market needs. Mayor Bacon expressed concerns about the possibility that the proposed
reduction in garage space could create parking problems in the subject area. Mayor Bacon asked
Mr. Nash if a prohibition of parking on the street in the subject area would be problematic, and
Mr. Nash stated he does not think so. Council Member Lnenicka referred to the minutes of the
PZB on August 12, 2002, and read a passage that states Mr. Sams, representing EREA, agreed
with all the stipulations set forth by the City. Mr. Larkin stated that when the conditions were
reviewed, it was understood that each unit will have a parking place for two cars. Mr. Larkin also
stated that a builder has been found who will build the proposed structures, and this builder has
expressed concerns about the requirement for all the units to have two -car garages. Council
Member Lnenicka stated the stipulations, as presented to the PZB, specify "two garage parking
September 3, 2002 4
spaces" for each unit. Council Member Lnenicka stated he has been in contact with Mr. Sams by
electronic mail to discuss concerns relating to aesthetics, safety and other matters pertaining to the
subject location. Council Member Wood acknowledged he did briefly discuss the proposed
change with Mr. Sams by telephone on August 29, and stated it was also briefly mentioned at an
agenda meeting on that same date. Council Member Wood stated he advised Mr. Sams that there
are real concerns about the high percentage of one -car garages that is being proposed.
Mayor Bacon recognized Ms. Roberta Cook, residing in the vicinity of the subject area, who
stated she likes the proposal by EREA to preserve greenspace in the proposed development. Ms.
Cook stated she would like to see the City accept any land offered as additional greenspace.
Council Member Wood made reference to City stipulation #7, which contains provisions for
establishment of a recreation easement in the open space portion of the site. Council Member
Wood expressed the view that this stipulation should protect the property. Ms. Cook stated that
ownership of land is what seems to determine its final disposition. Council Member Hawkins
stated he has no objections to property being titled to the City, but he would have to have more
details regarding stipulations before agreeing to any specific proposal.
Mayor Bacon recognized Ms. Mary Rose Barnes, residing at 4756 Oakdale Road, who expressed
concern about condominium units being used as rental property in the subject area. Ms. Barnes
asked about the proposed orientation of buildings on the subject property. Mr. Miller stated that
only two of the planned buildings are close to Oakdale Road, and that both of these are angled
with open space between them. Ms. Barnes stated that if the developer is allowed to build units
with one -car garages, parking problems are likely to occur.
Mayor Bacon stated that tabling this rezoning request will provide time to evaluate any offer of
land donation to the City from the developer. Mr. Miller pointed out that inclusion of additional
land in the plan could affect density, and that other issues relating to such a proposal will have to
be studied further. Council Member Wood asked Mr. Miller if two -car garages are essential, and
Mr. Miller stated they are preferable.
MOTION: Council Member Wood made a motion to table the rezoning request for a 36.6 acre
tract in Land Lots 55, 56, 613 and 684 from Cobb County R- 20 (SFR) and RM-8 (MFR) and
City of Smyrna R-15 (SFR) to TD-Conditional (Townhouse Development) for Eagle Real Estate
Advisors until the October 7, 2002 Council meeting. The motion was seconded by Council
Member Lnenicka. Motion was approved 7 — 0.
(D) Land Use Change Request — 36.6 Acre Tract in Land Lots 55, 56, 613 and 684 —Low
Density Residential to Medium Density Residential - Eagle Real Estate Advisors
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Wood made a motion to table the land use change request for a 36.6
acre tract in Land Lots 55, 56, 613 and 684 from Low Density Residential to Medium Density
Residential for Eagle Real Estate Advisors until the October 7, 2002 Council meeting. The
motion was seconded by Council Member Lnenicka. Motion was approved 7 — 0.
(E) Approval of Application for Annexation — 24.450 Acre Tract — Land Lot 613,
17'h District, 2nd Section, Cobb County, Georgia, Oakdale Road — Kevin Mendelsohn
MOTION: Council Member Wood made a motion to table the annexation request for a 24.450
acre tract in Land Lot 613, 17'h District, Cobb County, Georgia, Oakdale Road for Kevin
Mendelsohn until the October 7, 2002 Council meeting. The motion was seconded by Council
Member Lnenicka. Motion was approved 7 — 0.
(F) Approval of Application for Annexation — 6.0 Acre Tract — Land Lot 55, 18'h
District, 2" d Section, Cobb County, Georgia, Oakdale Road — Thelma Merck
MOTION: Council Member Hawkins made a motion to table the annexation request for a 6.0 acre
tract in Land Lot 55, 18'h District, Cobb County, Georgia, Oakdale Road for Thelma Merck until
the October 7, 2002 Council meeting. The motion was seconded by Council Member Lnenicka.
Motion was approved 7 — 0.
(G) Rezoning Request— 2.732 Acre Tract in Land Lot 687 — R-15 (SFR) to OD (Office'
Distribution) — Ernie Geyer
Mr. Wright stated the development proposal calls for construction of a 27,300 square foot office
building on the west side of Oakdale Road. Mr. Wright stated PZB has approved the request; and
September 3, 2002
that staff supports rezoning the subject property to OD Conditional to make the zoning consistent
with the site plan.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Mr. Ernie Geyer, the property owner and developer, who
stated he plans to develop the site into an office condominium complex. Mr. Geyer stated the
building will be constructed of masonry with a brick front and a steel bar joist roof.
MOTION: Council Member Wood made a motion to approve a rezoning request for a 2.732 acre
tract in Land Lot 687 from R-15 (SFR) to OD (Office Distribution) for Ernie Geyer with the
condition that outside storage will be prohibited on the property and the further condition that
there will be masonry elevations facing Oakdale Road and the front. The motion was seconded by
Council Member Cramer. Motion was approved 7 — 0.
(H) Rezoning Request — 2.2 Acre Tract in Land Lot 621 — R-12 to Neighborhood Shopping -
Conditional (NS-C) — Jeffrey R. Eynon
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
Mr. Wright stated the development proposal would provide for the construction of a 14,000 square
foot commercial building fronting South Cobb Drive. Mr. Wright stated that PZB voted to deny
this request, but that staff does support it with several conditions.
Council Member Lnenicka recognized Mr. Jeffrey Eynon. Council Member Lnenicka stated the
original rezoning request was for a change to General Commercial zoning at the time it was denied
by PZB. Council Member Lnenicka stated that after meetings with staff, residents and the
developer, an agreement to amend the rezoning proposal was reached. Council Member Lnenicka
stated that the subject location will be zoned specifically to the site plan presented to the Council,
and that certain stipulations will be required by the rezoning. Mr. Eynon stated that a curb cut will
be eliminated, landscaping will be installed, and a pedestrian cut will be added off of Ivy Glen
Drive. Mr. Eynon described some of the tenants he expects to have at the proposed office
building. Mr. Eynon stated the building will feature four sides of brick construction and reduced
lighting to accommodate nearby homeowners. Council Member Lnenicka asked Mr. Eynon where
the access roads to the facility will be located, and Mr. Eynon explained there is a cross -easement
with Highlands Station. Mr. Eynon stated the access will come through the existing Publix drive
and that there is a deceleration lane which runs from Cooper Lake Road to Ivy Glen Drive.
Council Member Lnenicka asked Mr. Eynon if it is correct that there will be no direct access to
South Cobb Drive from the front and no direct access on the north side on to Ivy Glen Drive, and
Mr. Eynon answered in the affirmative. Council Member Lnenicka read the following list of
stipulations and provided commentary:
1. The list of permitted uses shall be limited to those enumerated in Section 711 of the City
Zoning Code, except that the following uses shall not be permitted: pawn shop, tattoo parlor,
billiard parlor, check cashing facility or convenience store.
2. Deliveries and trash collection within the shopping center shall be limited to between the
hours of 7:00 am and 7:00 pm. No overnight vehicle parking shall be permitted.
3. No vehicular connection shall be provided on Ivy Glen Drive. Pedestrian access from the Ivy
Glen development to the subject parcel shall be provided. Vehicular access to the existing
residence shall remain available until site construction commences.
4. The parking lot shall provide landscape islands after every tenth parking space, the design of
which must be approved by the City of Smyrna.
5. To protect the residences to the west, no lighting shall be provided in the western (rear)
parking lot. The only exception to the prohibition against lighting in the western parking lot
shall be for low-level building -mounted security lighting which shall be directed downward.
The parking lot lighting in the front shall be limited to decorative lighting fixtures equivalent
to the Georgia Power "Sternberg" style posts used in downtown Smyrna.
6. A 15' wide landscape buffer shall be provided along South Cobb Drive and the 100'
landscape buffer along the western property boundary shall be consistent with the
requirements of Section 503 of the City's Zoning Code. The landscape buffer along South
Cobb Drive will be irrigated.
September 3, 2002
R1
7. A staggered row of 8' tall Leyland Cypress trees shall be planted along the northern and
western property boundary along Ivy Glen Drive between the subject parcel and the Ivy Glen
subdivision. Specifically, this will run at a minimum from the disturbed property boundary
area in the rear of the building north and east to where the current storm drain structure is
located on Ivy Glen Drive. Within this same area, the developer will make every attempt to
save the existing large caliper trees. Developer shall install irrigation to include the area
adjacent to Ivy Glen Drive.
8. The final plan shall incorporate a planted landscape buffer along Ivy Glen Drive near where
the existing retaining wall will be removed. The landscaping in this area shall be designed to
screen the back of the building from the Ivy Glen subdivision.
9. The building shall be designed with four-sided brick elevations and match the renderings
provided with the rezoning package.
10. The applicant shall provide a copy of a recorded cross -access easement between the subject
parcel and the Highlands Station Shopping Center prior to the issuance of a building permit.
This will demonstrate the subject parcel is permitted to utilize the existing shopping center
driveway. No construction activity or parking shall be permitted on Ivy Glen Drive.
11. The storm water detention plan shall be designed to create at least a 10% reduction in a 100-
year storm event. The City Engineer shall approve all plans. All efforts shall be exhausted by
the applicant to utilize the existing shopping center detention pond at Highland Station
Shopping Center for drainage before a new one is constructed.
12. Any necessary retention ponds on the development property shall be placed and screened
appropriately to be unobtrusive to homes outside the development, and to observers within the
development.
13. All utilities within the development shall be underground.
14. The shopping center dumpsters shall utilize rubber tops or other City of Smyrna approved
designs and be appropriately screened per the City's code.
15. The developer will comply with the City's current tree ordinance and plans shall be submitted
to the City for review and comment prior to construction.
Council Member Hawkins asked if the foregoing stipulations would be binding to any future
purchaser of the property in the event the currently proposed development is not completed.
Council Member Lnenicka stated the stipulations, supra, are specific to the currently proposed site
plan, and that any different plan would have to be submitted as a new zoning with new hearings
for the Ivy Glen residents and other citizens to attend. Council Member Hawkins stated he wanted
to make sure any future sale of the property would not be encumbered by any conditions.
Mayor Bacon recognized Ms. Claudia Etling, residing at 4371 Ivy Glen Way, who asked about
safety considerations associated with the proposed pedestrian access. Council Member Lnenicka
stated a built -to -code sidewalk near a storm drain is planned to give residents near the proposed
development convenient and practical access on foot to the facility. Ms. Etling asked if such a
sidewalk might encourage patrons of the nearby businesses to enter the adjacent neighborhoods,
and Council Member Lnenicka stated the path should be inconspicuous enough to preclude this
type of problem. Ms. Etling expressed the view that the introduction of the Publix store into the
area did seem to generate foot traffic in the adjoining residential area. Council Member Lnenicka
stated efforts have been made to avert potential problems that could arise from the development,
and that if any subsequent problems become evident, more efforts will be made to resolve them.
Ms. Etling asked if the developer will replace the irrigation system on Ivy Glen Drive, and stated
she may have misunderstood stipulations 6, 7, and 8 regarding landscaping. Mr. Eynon stated
that, in connection with dismantling a retaining wall along Ivy Glen Drive, substantial landscaping
and irrigation will be installed in the affected area. Council Member Lnenicka asked if language
to the effect that the developer will install irrigation apparatus to water the landscaping between
the parking lot to Ivy Glen Drive could be added to stipulation 7. Mr. Eynon stated he would
agree to the proposed addition to stipulation 7. Ms. Etling asked if there will be no construction
traffic on Ivy Glen. Council Member Lnenicka stated stipulation 10 prohibits construction activity
and parking on Ivy Glen Drive.
Mayor Bacon recognized Mr. Scott Cannon, residing at 4336 Ivy Glen Court, who expressed
appreciation to those involved in the project for their efforts to accommodate the wishes and
concerns of the nearby residents.
September 3, 2002
VA
Council Member Lnenicka thanked the developer and members of the Ivy Glen HOA for their
cooperation in working out the details of the proposed project in a way that is expected to be
beneficial to all concerned.
MOTION: Council Member Lnenicka made a motion to approve a rezoning request for a 2.2 acre
tract in Land Lot 621 from R-12 to Neighborhood Shopping- Conditional (NS-C) with the list of
15 stipulations dated August 30, 2002, and the amendments made on the current date to
stipulations 3 and 7, for Jeffrey R. Eynon. The motion was seconded by Council Member Wood.
The motion was approved 7 — 0.
(I) Land Use Change Request - 2.2 Acre Tract in Land Lot 621 — Medium Density Residential
to Neighborhood Activity Center - Jeffrey R. Eynon
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Lnenicka made a motion to approve a land use change request for a
2.2 acre tract in Land Lot 621 from Medium Density Residential to Neighborhood Activity Center
for Jeffrey R. Eynon. The motion was seconded by Council Member Hawkins. Motion was
approved 7 - 0
(J) Approval of Application for Annexation — 2.2 Acre Tract — Land Lot 621, 17`h
District, 2"d Section, Cobb County, Georgia, South Cobb Drive — Herbert Ruddell
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka stated that State law requires a property to be rezoned before it is
annexed to allow affected property owners to be appropriately informed. Council Member
Lnenicka stated this annexation application was validated at the August 5, 2002 Council meeting
and advertising for the public hearings has been done.
MOTION: Council Member Lnenicka made a motion to approve an application for annexation for
a 2.2 acre tract in Land Lot 621, 17'hDistrict, 2"d Section, Cobb County, Georgia, South Cobb
Drive to become part of Ward 6 effective September 1, for Herbert Ruddell. The motion was
seconded by Council Member Hawkins. Motion was approved 7 — 0.
(K) Variance Request — Temporary Change in Allowed Working Hours — Veterans Memorial
Construction Site —Jerry L. Johnson and Associates
Mr. Wright stated the City Code limits construction activity to the hours of 9:00 a.m. to 6:00 p.m.
on Saturdays. Mr. Wright stated the Veterans Memorial Association (VMA) has requested that
work on the Veterans Memorial be allowed to begin at 8:00 a.m. on Saturdays. Mr. Wright stated
that staff supports the request provided that no work will be done on Sundays, and that no work
will interfere with the Spice of Life event on September 14.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Scoggins made a motion to approve a variance request for a
temporary change in Saturday working hours to 8:00 a.m. to 5:00 p.m. during September, with the
exception of September 14, with no Sunday work, for the Veterans Memorial Construction Site
for Jerry L. Johnson and Associates. Tile motion was seconded by Council Member Cramer.
Motion was approved 6 — 0. Council Member Wood was not present at the time of the vote.
(L) Variance Request — Old Concord Road and Church Street — Placement of Fence in Front
Yard Setback — Allan Khaliffe
Mr. Wright stated the Code prohibits front yard fences in excess of 4' in height. Mr. Wright stated
the applicant is seeking a variance to allow a wrought iron fence between 6' and 8' in height. Mr.
Wright stated staff supports the request provided the fence material used is consistent with
samples provided by the applicant.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Cramer recognized Mr. Allan Khaliffe. Council Member Cramer asked Mr.
Khaliffe if the fence will be comprised of a brick base with wrought iron components, and Mr.
Khaliffe answered in the affirmative.
MOTION: Council Member Cramer made a motion to approve a variance request for placement of
a fence 6' to 8' in height in the fi•ont yard setback near Old Concord Road and Church Street for
September 3, 2002
Allan Khaliffe. The motion was seconded by Council Member Lnenicka. Motion was approved
7-0.
(M) Privileged License Request — Retail Pouring (Liquor, Beer and Wine) — Rounding Third,
LLC., DBA Moe's Southwest Grill — 2840 Atlanta Road, Suite 1
Mr. Wright stated inquiry by the Smyrna Police Department (SPD) has disclosed no information
that would preclude issuance of a retail pouring license for this applicant.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins recognized Mr. James Killingsworth. Council Member Scoggins
asked Mr. Killingsworth if he has been furnished with a copy of the regulations for alcoholic
beverage sales and if he understands them, and Mr. Killingsworth answered in the affirmative.
Council Member Scoggins asked Mr. Killingsworth to provide details to those present of the
training for alcoholic beverage sales he plans to provide to Moe's servers. Mr. Killingsworth
stated that all customers wishing to purchase an alcoholic beverage will be asked to present proper
identification before any alcohol is served. Mr. Killingsworth stated all servers will be
indoctrinated in this policy. Council Member Scoggins asked Mr. Killingsworth if this will be his
first alcohol sales license, and Mr. Killingsworth answered in the affirmative. Council Member
Scoggins advised Mr. Killingsworth that the SPD periodically conducts compliance checks for
alcoholic beverage sales, and Mr. Killingsworth stated he understands his responsibilities.
MOTION: Council Member Scoggins made a motion to approve a privileged license request for
retail pouring (liquor, beer and wine) for Rounding Third, LLC., DBA Moe's Southwest
Grill at 2840 Atlanta Road. The motion was seconded by Council Member Hawkins. Motion was
approved 7 — 0.
(N) Privileged License Request — Retail Pouring (Liquor, Beer and Wine) — Smyrna Pizza,
Inc., DBA Zucca Bar and Pizzeria — 2860 Atlanta Road, Suites A and B
Mr. Wright stated inquiry by the Smyrna Police Department (SPD) has disclosed no information
that would preclude issuance of a retail pouring license for this applicant.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins recognized Mr. Timothy Langell. Council Member Hawkins asked Mr.
Langell if he is the chief operating officer and agent for Zucca Bar (ZB), and Mr. Langell
answered in the affirmative. Council Member Hawkins asked Mr. Langell if he will be on the
premises at ZB, and Mr. Langell stated he will be on -site as much as possible. Council Member
Hawkins asked Mr. Langell if he has held a license of this type before, and Mr. Langell stated he
has held a pouring license jointly in Atlanta before. Council Member Hawkins asked Mr. Langell
if he has been furnished with a copy of the regulations for alcoholic beverage sales and if he
understands them, and Mr. Langell answered in the affirmative. Council Member Hawkins asked
Mr. Langell to provide details to those present of the training for alcoholic beverage sales he plans
to provide to ZB servers. Mr. Langell stated all ZB personnel will be trained in the proper method
of selling alcoholic beverages. Council Member Hawkins advised Mr. Langell that the SPD
periodically conducts compliance checks for alcoholic beverage sales, and that a policy of
requiring all purchasers to present proper identification is the safest policy. Council Member
Hawkins advised Mr. Langell that servcrs are required to have their fingerprints taken and to
obtain a serving permit.
MOTION: Council Member Hawkins made a motion to approve a privileged license request for
retail pouring (liquor, beer and wine) for Smyrna Pizza, Inc., DBA Zucca Bar and Pizzeria at 2860
Atlanta Road, and the motion was seconded by Council Member Scoggins. Motion was approved
7-0.
FORMAL BUSINESS:
(A) Validation of Application for Annexation — 1.9 Acre Tract — Land Lot 663, 171h District,
2"d Section, Cobb County, Georgia, Davenport Street — Gloria Aaron
Mr. Wright stated the application is for a single-family residence, and that staff has reviewed the
application and indicated that no islands or other problems will be created by the annexation.
.I
MOTION: Council Member Scoggins made a motion to approve a validation of application for
annexation for a 1.9 acre tract in Land Lot 663, 17"' District, 2"d Section, Cobb County, Georgia,
on Davenport Street for Gloria Aaron, and to set the public hearing date for October 7. The
September 3, 2002 9
motion was approved by Council Member Hawkins. Motion was approved 7 — 0.
(B) Approval of Ordinance Adopting the Redistricting Plan of the Sevcn Wards of the City of
Smyrna
Mr. Wright stated that various procedures to amend the City charter for redistricting have been
completed. Mr. Wright stated the action is needed to create new wards and comply with the
Voting Rights Act and other requirements.
Council Member Wood stated the public hearings have been previously held for the Charter
amendment. Council Member Wood stated the ordinance amending the City Charter must be
approved. Council Member Wood read the ordinance amending Section 6 —C of the Charter.
MOTION: Council Member Wood made a motion to approve the ordinance amending Section 6 —
C of the City Charter, and the motion was seconded by Council Member Cramer. Motion was
approved 7 — 0.
(C) Approval of FY 2003 Road Improvement Budget
Mr. Wright stated the proposed budget is part of the City's five-year transportation improvement
plan which provides for road improvements throughout the City. Mr. Wright stated staff
recommends approval of the budget for fiscal year 2003.
MOTION: Council Member Cramer made a motion to approve the fiscal year 2003 Road
Improvement Budget, and the motion was seconded by Council Member Hawkins. Council
Member Lnenicka stated he will not support the motion. Council Member Lnenicka stated he
believes the money should be spent on new facilities instead of repairs. Mayor Bacon stated
approval of this budget is recommended by staff. Mayor Bacon stated these funds are limited, and
that staff has been tasked to identify those roads which are most urgently in need of resurfacing.
Council Member Pritchett stated this funding was collected for the purpose of resurfacing streets,
and that approval of this budget for street repairs is the right thing to do. Motion was approved 6 —
1, with Council Member Lnenicka in opposition.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of August 19, 2002 Minutes
(B) Approval of ARCADIS Proposal for Design of Concord Road Multiuse Path
This expenditure, in the amount of $97,354, will be funded from reserves from the One
Percent Road Improvement account and will be applicable to the 20% match required by
the TEA grant.
(C) Approval of ARCADIS Proposal for the Concord Road Streetscape Plan
This expenditure, in the amount of $42,295, will be funded from reserves from the
Professional Services and Records Fee account in the Community Development Budget.
(D) Approval of Qualifications of Civil Service Board Members
The requested action is for revision of the qualifications for serving on the CSB.
(E) Approval of Concept 44 of the Concord Road Urban Design Study as the Preferred
Redevelopment for Concord Road
(F) Approval of Use of Contingency Funds for Veterans Memorial
This is to allocate additional funds in the amount of $36,272 for sod and a sprinkler
system.
MOTION: Council Member Wood made a motion to approve the consent agenda, and the motion
was seconded by Council Member Cramer. Motion was approved 7 — 0.
COMMITTEE REPORTS:
Mayor Bacon stated that SAT scores in Cobb County have been generally very good, and that the
SAT scores for Campbell High School have been outstanding. Mayor Bacon stated that Coach
Joe Lattanzi recently passed away, and will be missed by many.
Council Member Wood also commented favorably on Coach Lattanzi's character and
contributions to the community.
September 3, 2002 10
Council Member Lnenicka expressed his condolences to the family of Coach Lattanzi, and
commented favorably on Coach Lattanzi's patriotism and character.
Council Member Cramer commented favorably on Coach Lattanzi's character, and encouraged
those present to purchase a brick at the Veterans Memorial.
Council Member Hawkins commented favorably on Coach Lattanzi's character and contributions
to the community. Council Member Hawkins stated Mr. James Williams, a former Council
Member, passed away recently. Council Member Hawkins reminded those present about the run-
off election next week.
Council Member Scoggins expressed his condolences to the family of Coach Lattanzi, and
commented favorably on Coach Lattanzi's character.
Council Member Pritchett reminded those present about the upcoming Spice of Life event.
Council Member Pritchett expressed her condolences to the family of Coach Lattanzi, and
commented favorably on Coach Lattanzi's character. Council Member Pritchett expressed
appreciation to Representative Terry Johnson for his assistance in obtaining State funds for the
Veterans Memorial. Council Member Pritchett stated 14 cases of West Nile virus have been
reported in Cobb County, and encouraged those present to take necessary precautions.
Mr. Wright reported that a new playground has been installed at Rose Garden Park and that
similar improvements are planned for Jonquil Park in the near future.
Mr. Cochran stated he will miss Coach Lattanzi.
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 10:38 p.m.
v
A. MAX BACON, MAYOR 4SA N D. HIOTT, CITY CLERK
MELLENY PRITCHETT, WARD
RON NEWCOMB, WARD 2
r
'AfLL SCOGGINS, W 1p 3 JAMES M. HAWKINS, WARD 4
J
J CK CRAMER, WARD 5 WADE S. LNENICKA, WARD 6
CHARLES PETE WOOD, WARD 7
2002-17
ORDINANCE AMENDING SECTION 6(c) OF THE SMYRNA CHARTER
WHEREAS, Pursuant to O.C.G.A. §36-35-4.1, the City of Smyrna seeks to
reapportion its election districts as a result of the 2000 census and;
WHEREAS, O.C.G.A. §36-35-4.1 (b) requires such reapportionment to be
completed by an ordinance amending the City Charter pursuant to O.C.G.A. §36-35-3,
and;
WHEREAS, the notice attached hereto as Exhibit "A" was published in the
Marietta Daily Journal on July 19, 2002, July 26, 2002, and August 2, 2002, as required
by O.C.G.A. §36-35-3 and;
WHEREAS, public hearings were held on August 5, 2002 and August 19, 2002,
which resulted in the City adopting the foregoing Ordinance.
IT IS THEREFORE ORDAINED by the City of Smyrna that Section 6 (c) of
the Smyrna Charter is amended to read as follows:
"The Official ward boundaries are described on the official map
designating wards of the City of Smyrna subsequent to the 2002 decennial
census. Such map is kept on file in the Office of the City Clerk."
Final adoption this 4rd day of September, 2002.
Attest by: '
/1�MIA
,_i wz - I.
(City Clerk)
Mayor
2002-17
NOTICE OF CITY OF SMYRNA
CHARTER AMENDMENT
The City of Smyrna gives notice that public hearings will be held to consider a
Charter Amendment relative to the redistricting plan of the seven wards within the City
of Smyrna.
The Mayor and Council will hold said hearing at 7:30 P.M. at the Smyrna City
Hall, 2800 King Street, Smyrna, Georgia on August 5, 2002 and August 19, 2002.
Anyone wishing to attend may do so and may be heard relative thereto. A copy of the
proposed Amendment is on file in the office of the City Clerk of Smyrna and in the office
of the Cobb County Clerk of Superior Court for the purpose of examination and
inspection by the public.
Susan D. Hiott, CMC
City Clerk